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McCARTY CORP. v. PULLMAN-KELLOGG, DIV. OF PULLMAN

No. 83-3504.

751 F.2d 750 (1985)

The McCARTY CORPORATION, Plaintiff-Appellant Cross-Appellee, v. PULLMAN-KELLOGG, DIVISION OF PULLMAN, INC., Defendant-Appellee Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

January 28, 1985.

Attorney(s) appearing for the Case

Schwab & Walter, Gerald L. Walter, Jr., Baton Rouge, La., John B. Tieder, Jr., Garry R. Boehlert, Washington, D.C., for plaintiff-appellant cross-appellee.

Montgomery, Barnett, Brown & Read, Daniel Lund, New Orleans, La., for defendant-appellee cross-appellant.

Before THORNBERRY, GARWOOD and HILL, Circuit Judges.

THORNBERRY, Circuit Judge:

This is an appeal and cross-appeal from a final judgment in a diversity case in the United States District Court for the Middle District of Louisiana. The district court, applying Louisiana law, annulled a contract between the McCarty Corporation and Pullman-Kellogg and awarded McCarty recovery of $490,497.92 plus interest from the date of judicial demand. McCarty Corp. v. Pullman-Kellogg,

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